The appellant, an execution creditor of a respondent who held a 25 per cent interest in a parcel of land as a tenant in common, sought a sale of the entire parcel under the Partition Act.
The application was dismissed at first instance and by the majority of the Divisional Court.
On appeal, the Court of Appeal held that a sheriff holding a writ of seizure and sale has neither a legal interest in the land nor a right to possession.
Consequently, the execution creditor does not qualify under the Partition Act to apply for partition or sale of the entire property.
The appeal was dismissed.
